The Renova Foundation clarifies that the injunction issued on 12/27/2018 by the 12th Federal Court of Belo Horizonte does not change the Emergency Financial Aid (AFE) payment. The decision only recognizes that the AFE has the same legal nature as loss of profits, and therefore it is also intended to repair the loss of income of those affected. To that end, the decision provides for the reduction of amounts paid as AFE from the annual portion of lost profits to be disbursed under the Mediated Indemnity Program (PIM).
In relation to the AFE, the injunction states that its payment occurred “due to the proven interruption of productive or economic activities”, corresponding to “an immediate value (immediate indemnity), until it was possible to quantify the particular situation of each person”. Also according to the decision, “both the AFE and the portion of lost profits are in light of indemnification, arising from the same generating fact (i.e., lost or reduced income of those affected).”
We’d like to clarify that in view of the request made by the companies before the 12th Federal Court of Belo Horizonte, the decision establishes that there will be no refund to the Renova Foundation of any AFE amounts already paid.
Since 2015, R$ 1.3 billion has been disbursed on indemnity and emergency financial aid to more than 26 thousand people. The Renova Foundation reaffirms that all those affected will be compensated for the loss of proven income, reaffirming their commitment to full reparation.